The basics of Copyrights – Registration and Duration

Although many types of “creative” and “original” Works are deemed to have copyright protection from the event that the Work is created and “fixed in any tangible place”, in order for the owner from the copyright to receive greater rights and increase or perhaps her ability to protect those rights the Work should be registered.

The United States Copyright Office is a division of the United States Department of Commerce. Registering with this office will greatly enhance the copyright owner’s ability to seek various types of damages if the copyright recently been infringed upon by another party. One should seek legal advice before looking Online Application for Copyright Registration in India registering a copyrighted Work, as it should be determined whether the Tasks are copyrightable, i.e. the kind of Work for which a registration can be obtained. Simply applying to register a copyright does not necessarily suggest that the work in question for you is copyrightable.

The duration of copyrights varies from what type of labor is in question as well as when it originated or registered. A piece that was created on or after January 1, 1978 is protected for the time it is created, usually for the author’s life plus 70 years when the author’s death. For “a joint work prepared by 2 or more authors who would not work for hire,” the term is for 70 years since the death of last surviving author.

The copyright term for works created and published or registered before January 1, 1978 is the same as for all those created on or after January 1, 1978, namely, lifetime of the author plus 70 years. The 95/120-year terms for works for hire apply to pre January 1, 1978 to these works also. However, the actual word of copyright because of works cannot expire before December 31, 2002. For works published on or before December 31, 2002, the term will not expire before December 31, 2047.

A “work made for hire” is one prepared by a staff within the scope of his or her employment also known as work specially ordered or commissioned particular types of use use such to be a contribution to a collective work, an element of a movie or other audiovisual work, a translation, a supplementary work, a compilation as well as instructional text should the parties agree documented instrument that the work will be considered a work constantly hire.

The copyright term for works produced for hire and anonymous and pseudonymous works (unless the author’s identity is revealed in Copyright Office records) is either 95 years out from the date of publication or 120 years from the date of creation, whichever is shorter.

As with all areas of Copyright and Intellectual Property Law, it is best to consult with an attorney that specializes here. A number of law schools offer what is known as a Masters of Intellectual Property degree and the advice of an attorney with this associated with scholarship can be essential from after a work fabricated from all the way through the enforcement or recovery any specific infringement.

This article is intended for informational purposes only. It can’t be construed as legal advice and readers are encouraged to consult a qualified attorney regarding these tips.